A. Site Clearance: The owner of any tree on private property that overhangs any street or right of way within the village shall prune the branches of such tree, if necessary, so that such tree shall not obstruct the safe passage of vehicles, the light from any street lamp, the view of any street sign or the view of any street intersection. The owner also shall prune such tree so that there is a minimum of ten feet (10') of clear space between the surface of the street or a minimum clear space of eight feet (8') between the surface of the sidewalk and the lowest hanging branch on such tree. The failure to so prune is hereby declared to be a public nuisance. If the owner fails or refuses to accomplish such pruning within fourteen (14) days after written notice to do so from the public works director, or his designee, the village shall have the right, but not the obligation, to cause such pruning to be accomplished by village staff, or by contractors hired by the village for such purposes. If the owner fails to pay to the village all of the costs incurred by the village for such clearance pruning within thirty (30) days after receipt of a written invoice, then the village shall have the right, to the extent provided by law, to place a lien on the property on which such tree was located and to perfect such lien as provided by law.
B. Individual Safety: The individual owner of any tree overhanging any street or right of way within the village shall prune all dead, diseased, decaying, broken or dangerous branches from such tree and shall prune from such tree all branches that constitute a menace to the safety of the public or to the health of any other tree. The failure to so prune is hereby declared to be a public nuisance. If the owner fails or refuses to accomplish such pruning within fourteen (14) days after written notice to do so from the public works director, or his designee, the village shall have the right, but not the obligation, to cause such pruning to be accomplished by village staff or by contractors hired by the village for such purposes. If the owner fails to pay to the village all of the costs incurred by the village for such safety pruning within thirty (30) days after receipt of a written invoice, then the village shall have the right, to the extent provided by law, to place a lien on the property on which such tree was located and to perfect such lien as provided by law.
C. Utility Safety: Pursuant to its franchise agreement with the village, any utility may apply to the village to prune trees located in the village for safety purposes. Prior to doing so the utility must file an application for a tree trimming permit with the tree commission, which will consider and make a determination whether to grant the application. The application shall contain:
1. The name of the applicant;
2. The location of the pruning (commonly known addresses) where trees are proposed to be pruned;
3. A written statement setting forth the reason for the tree pruning;
4. The pruning standards to be followed by the applicant, which standards shall be in accordance with the village's official tree plan and approved by the tree commission; and
5. The name, address and qualifications of the contractor or other person(s) who will have the responsibility for tree pruning. (Ord. 03-31, 8-4-2003)